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HomeMy WebLinkAbout78-2253 ordORDINANCE NO. 78-2253 AN ORDINANCE ~NDING THE CODE OF THE CITY OF PLAINVIEW, TEXAS PROVIDING FOR A BOARD OF APPEALS, COMPOSITION, APPOINTMENT, TERM OF OFFICE, NOTICE OF MEETING, S ~D ATTENDANCE REQUIREMENTS OF ALL ME~ERS APPOINTED TO THE BOARD OF APPEALS~F~T~Ei'UNIFORM FIRE CODE AND THE UNIFORm! BUILDING CODE OF THE CITY OF PLAINVIEW, TEXAS. WHEREAS, the governing body of the City of Plainview, Texas has determined that it would be in the best interest for the City of Plainview to consolidate the Board of AppealS of the Uniform Building Code and the Board of Appeals of the Uniform Fire Code for the purpose of establishing one Board of Appeals, NOW THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL, CITY OF PLAINVIEW, TEXAS: THAT Section 1.215 of the Uniform Fire Code and Section 2.4 of the Uniform Building Code of the City of Plainview is hereby amended to read as follows: BOARD OF APPEALS. In order to determine the stability of alternate materials, methods of construction, type of construction and to provide for reasonable interpretations of the provisions of the Uniform Fire Gode and the Uniform Building Code of the City of Plainview, there shall be and hereby is created a Board of Appeals consisting of members who are. qualified by experience and training to pass upon matters pertaining to building construction and fire prevention amd pertinent matters. The Fire Marshal and the Building Official shall each be Ex-Officio members of the Board of Appeals. The Building Official shall act as Secretary of the Board. The Board of Appeals shall be appointed by the City Council and shall hold meeting at their pleasure. The Board shall adopt reasonable rules and regulations for conducting its investigations. The Board shall render all decisions relating to enforcement of the Uniform Fire Code in writing the the ]Fire Marshal. The Board shall render all decisions relating to enforcement of the Uniform Building Code in writing to the Building OfficiaI. Duplicate copies of all reports, decisions and findings made by the Board shall be furnished to the appellant. The Board of Appeal~ may recommend to the governing body such new legislation as is consistent with the investigation and reasonable interpretations of the provisions of the Uniform Fire Code and the Uniform Building Code. NAME. The Board shall be known as City Of Plainview Building Code and Fire Code Board of Appeals. COMPOSITION. The Board of Appeals shall consist of seven (7) members. All members appointed shall not at the time of appoint- ment or during their term of office serve on any other authority, board, commission or'.-committee of ~he City of Plainview. All members appointed shall be residents of ~the City of Plainview at the time of their appointment and during their term of office. APPOINTMENT. The members of the Board of Appeals shall be appointed by the City Council. The term of four (4) members shall begin on January 1, 1980, and the term of three (3) members shall begin on January 1, 1979. TERMS. Each member of the Board of Appeals shall serve for a term of two ~(2) years. No person shall serve more than two (2) full seccessive terms as a member of the Board of Appeals. NOTICE OF ~ETINGS. Each meeting of the Board of Appeals shall be legally posted as required by Article 6252-17 VTCS and the Mayors Ex-Officio men~ers and me~ers of the Board of Appeals shall be notified in writing not less than __~ days prior to the date of any meeting. MANDATORY ATTENDANCE REQUIREMENT. Each member of the Board of Appeals shall attend no less than sew~nty-five percent (75%) of the regular, special or emergency meetings called by the officers of the Board of Appeals. The Secretary of the Board shall make a quarterly report to the Mayor and City Council showing the attendance of each member of the Board of Appeals. Any representative failing to attend seventy-five percent (75%) of the regular, special or emergency meetings legally called during any calendar year, shall be automatically disqualified for service on the Board of Appeals and shall be replaced by the City Council. VACATION OF OFFICE. Should a..me~Der of the Board of Appeals move from the City or otherwise become disqualified for any other reason, he shall vacate the office. FILLING VACANCIES. Vacancies occuring in the membership of the Board of Appeals shall be filled by appointment for the unexpired term. SEVERANCE CLAUSE: That should any section, paragraph, sentence, clause, phrase or work of this ordinance be declared unconstitutional or invalid for any reason, the remainder of this ordinance shall not be affected thereby. That the City Secretary is hereby authorized to cause publica- tion of the descriptive caption of this ordinance as an alternative method provided by law. ~qD IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW: That on a motion by Alderman Brow:ninq , seconded by Alderman Carpenter· Ordinance No. 78-2253 w~s read in full and adopted this date and introduced on first reading this the 8th day of August , 19 78 That on a motion by Alderman Browning · seconded by ~ Woods · Ordinance No. 78-2253 was read by caption and ad. opted by the City Council on the secolnd and final reading this the 22nd day of Auqust , 19 78 ATTEST M. L. REA, City Clerk-Secretary APPROVED AS TO FORM: ~EDLINLCARPENTERw~Mayor-Pro Tem TOM HAMILTON, City Attorney ADVERTISED the day of MAILED FOR CODIFICATION the RECORDED the of , 19 day of , 19__ · 19